A California federal judge who ordered a teenager handcuffed at her father’s sentencing hearing was properly reprimanded, a judiciary conduct committee said Tuesday.
The review panel agreed with a unanimous Ninth Circuit Judicial Council finding by upholding a public reprimand and three-year pause on criminal case assignments for Senior U.S. District Judge Roger T. Benitez of the Southern District of California (article available here).
"The committee explained that 'the shackling of a spectator at a hearing who is not engaged in threatening or disorderly behavior exceeds the authority of a district judge' and that 'creating a spectacle out of the presence of a minor child in the courtroom chills the desire of friends and family members to support loved ones at sentencing.'"
The handcuffing led to complaints from the Federal Defender's office and from the child's mother, who called for the judge's retirement, Tuesday's decision said.
In addition to the public reprimand and three-year pause on criminal assignments, Judge Benitez was "reminded" in the May order "that retaliating against participants in the complaint process is misconduct." The order also provided that parties in any violation of supervised release hearings scheduled within three years may move to recuse Judge Benitez.